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Business Articles Awards > Asian Antitrust

International Standards of Procedural Fairness and Transparency in Chinese Investigations

Fay Zhou, John Eichlin, and Xi Liao, CPI Antitrust Chronicle (1), February 2015

See Fay Zhou's resume See John Eichlin's resume See Xi Liao's resume

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

This article provides an overview of some of the areas of investigation procedure in China that have drawn criticism under international procedural fairness and transparency standards, including a meaningful opportunity to prepare a defense, the right to the protections of legal counsel, and transparency in decision-making. The article also provides insight into the Chinese authorities’ reaction to the international criticism and how they have sought to provide companies with greater comfort on procedural protections. These efforts have included measures to further develop their best practices as well as to clarify existing enforcement practices where there may be a misunderstanding in the international business community. Finally, the article discusses how certain important procedural protections can be further improved and developed. Overall, the Chinese enforcement authorities should be recognized for their receptiveness to external comments in developing their enforcement practices and for their willingness to promote further improvements to address international concerns about procedural fairness and transparency.

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